CRA was retained to assess claims of misleading slack-filled packaging with respect to confectionery products on behalf of Defendant. Plaintiffs alleged that candy was intentionally placed in oversized packaging to mislead consumers into thinking that they would receive more product and were thus induced to make purchases and/or pay a higher price. CRA examined pricing and sales of the allegedly misleading products relative to other products and with respect to Plaintiffs’ allegations.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...